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7.2b SR 06-20-2023
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7.2b SR 06-20-2023
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6/15/2023 11:20:06 AM
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6/20/2023
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related operations on the Landfill Property, subject to ti�e terms, conditions and qualifications <br />hereinafter stafie�, to wit: <br />AGREEMENT <br />1.} Inco oraiion b Reference, The above Recitals are incozporated by reference. <br />2.) Scope and Canduct of Landfill Operations. The operation of a MSW Iandfill may be <br />conducied on the Landfiil Property in conformance with existing statutory and regulatory authariiy <br />and requirernents of the City, Sherburn.e County (the "Coun�y") and the Minz�esota Poll�tion <br />Control Agency (the "MPCA"), and in accordance with the a�thorization, conditions and <br />limitations contained in this Permit and 3n: <br />(Ql) the ��rrent City Sc�lid Waste �acility ("SWF") License issued to 1'ermittee, as appraved on <br />�eptember 19, 2011, anc� as subsequently amended or modified (the "City License"}; and <br />(02) fhe cuz�rent MPCA Solid Waste Permit No. 74 {the "State License") issued to Perinittee; <br />and <br />(03) the current Caunty Solid Waste Landfill License {the "County License"} zssued to <br />Permittee. <br />3.) Additional Expansion of Landfill _Prohibfted. This Permit authorizes the expansion of <br />landfill activities onto 31.$ acres to allow an additiona127.2 acres of MSW iill area. By acce�ting <br />and executing this Pertnit, Permittee agrees to comply with the design of ihe expansion approved <br />herein, and Per�nitfiee agrees to forever waive its righi to pursue any further landfill expansian <br />within tY�e City beyond the area describe izz Exhibit A hereto. <br />4.) Conditions A�reed To. This Permit i�nposes those conditions which ihe City has <br />determined are reasonably necessary to fully mitigafe the adverse effects on the City of the <br />Landfill and its expansion. By accepting and executing this Permit, Permittee agrees that the <br />can�itions i�npased herein are necessary to fi�lly mitigate the adverse impacts of the Landfill and <br />its �xpansion, and Permittee agrees to cornp�y with each of the conditioans set farth herein. <br />S.} Ex ansion Fee. Pez-�xaittee shall pay to the City an expansion fee (Expansion Fee) of $3.33 <br />�er ton ofMSW disposed ofat the LandFill frc�rn January i, 20I1 through June 3Q, 2Q15 and $5.00 <br />per ton of M�W disposed of at the Landfill from July 1, 2015 tharough Decem�er 31, 2030, sT�e <br />Expansion �ee shall not be paid on IVISW that is residue received from any energy and resource <br />recovery facility with at least 85 percent efficiency or altemative daily eover approved pursuant to <br />�he Pezmitt�e's Industrial Solid Waste Managemen� 1'lan. MSW witl�in this exernption is "Exemp� <br />�1�fSW." All other MSW is "Non-Exempi MSW." The Expansion Fee applies to all Non-Exerript <br />MSW disposed of at the Landf 11_ The parties' 2003 Host Communzty Agreement is rescinded. <br />T'he Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied <br />by an accurate report on the a�x�ount arid type of Non-Exempt MSW disposed of in the Landfill <br />each day duxing the manth. The Expansion �ee due for each month shaIl be received by the City <br />no later than the thirtieth (3�th) calendar day of ihe succeeding rnonth. <br />CU_I1-]2 RH Pa�e 2 <br />
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